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President Mbeki wants to give legitimacy to poll outcome
International
Bar Association (IBA)
March 14, 2005
Just when the volume
around South Africa’s controversial strategy of ‘quiet diplomacy’ towards
Zimbabwe had been turned down a few notches on the volume gauge, recent
comments by President Thabo Mbeki have ratched up the noise level again.
Many local and regional Zimbabwe watchers – as well as Zimbabweans themselves
– have expressed deep disappointment, even anger, over Mbeki’s statements
that he had ‘no reason’ to believe that anyone in Zimbabwe would thwart
free and fair parliamentary elections on 31 March. Others don’t necessarily
agree with Mbeki’s comments but argue that it might be presumptious to
declare the elections unfree and unfair before they have even taken place.
On 2 March Mbeki said
that he has ‘no reason to think that anybody in Zimbabwe will act in
a way that will militate against elections being free and fair’.’Things
like the independent electoral commission, things like access to the public
media, things like the absence of violence and intimidation, those matters
have been addressed,’ he told reporters. Mbeki said Zimbabwe’s recently
passed electoral law was the first to conform with the new guidelines
for democratic elections signed by the Southern African Development Community
(SADC) in August 2004. Mbeki’s views echoed similar statements made by
his foreign affairs minister in February, who said she was satisfied that
free and fair elections could take place there, and were reiterated by
the deputy minister of foreign affairs on 8 March.
Mbeki’s comments apparently
indicate a return to his widely criticised ‘quiet diplomacy’ towards South
Africa’s northern neighbour, after a slight shift away from this policy
towards the end of last year. His comments also come as a shock to those
who have been following developments in Zimbabwe for the past two years,
but particularly in the run-up to the parliamentary elections. Many observers
have stated categorically that these elections cannot be free and fair
given a number of repeatedly publicised factors: the repressive Public
Order and Security Act (Posa) which has been used to silence the opposition;
the restrictive media laws used to silence independent voices; the use
of police and military personnel as election monitors; the understaffed
and underresourced Electoral Supervisory Commission which was only recently
appointed; the choice of election observers who will only arrive in Zimbabwe
two weeks before the elections and who were hand-picked from those countries
that have demonstrated a favourable stance towards Zimbabwe; etc.
Arnold Tsunga, the director of Lawyers for
Human Rights in Zimbabwe, was quoted as saying that Mbeki's comments ‘disregard
the suffering of ordinary Zimbabweans in the face of a dictatorship’
and ‘seriously discredit the leadership of Thabo Mbeki. It is deceitful
and unworthy of the president of such an important country on the African
continent,’ Tsunga told a South African newspaper. His views were
shared by civil society groups and the main opposition party in South
Africa.
Many Zimbabweans voiced their sense of betrayal
and frustration following Mbeki’s comments. ‘Zimbabweans have become
increasingly exasperated with Mbeki's inability to act as a bona fide
mediator,’ Tsunga said. The same South African newspaper quoted Lovemore
Madhuku, head of the Zimbabwean umbrella organisation the National Constitutional
Assembly. He said Zimbabweans believe Mbeki has always wanted to give
legitimacy to Mugabe and his government. ‘He wants to assure that Mugabe
gets an electoral victory that is seen as legitimate in the eyes of the
world to end the Zimbabwe crisis.’
While few would disagree that Mbeki very
much would like to see an end to the Zimbabwean crisis which has dogged
his administration for more than four years, some observers interpret
Mbeki’s comments in a different light. Ibrahim Fakir of the Centre for
Policy Studies in Johannesburg, one of several civil society organisations
which is part of the Zimbabwe Solidarity Network, said‚’while Mbeki’s
statements are a continuation of his strategy of quiet diplomacy they
may also be seen as ‘a quiet expression of hope and a quiet signal to
the Zimbabwean authorities’. The president may be signalling to the
Zimbabwean government, ‘I am risking my neck saying this (and) crossing
my fingers hoping that you will make sure the elections are free and fair’.
Eddie Makue, deputy general secretary of
the South African Council of Churches (SACC), also believes it would be
‘pre-emptive to make pronouncements on the freeness and fairness of
an election that hasn’t happened’. Like Mbeki and the SACC’s counterpart
in Zimbabwe, the Zimbabwe Council of Churches, Makue says the SACC wants
to see a dialogue between Zanu-PF and the opposition and encourages the
promotion of ‘a climate of peace’ in Zimbabwe. The SACC sees the decline
in the levels of pre-election violence (compared to 2000 and 2002) and
the appointment of ‘credible people’ to the Electoral Supervisory Commission
as positive signs. The SACC is, however, concerned by the narrowing of
democratic space as exemplified by the state control of the public broadcaster
and the treatment of workers in Zimbabwe generally and the delegations
of the Congress of South African Trade Unions (Cosatu) specifically. Two
Cosatu delegations were expelled from Zimbabwe recently.
The South African
National Editors‘ Forum (Sanef) is another body apparently unhappy with
its government’s ‘quiet diplomacy’. Sanef issued a statement on 8 March
criticising the South African government for not having ‘given due
prominence to the importance of Zimbabwe lifting its media restrictions
as a precondition for the polls’. Sanef would like the South African
government to be more vocal in condemning the harassment of Zimbabwean
and foreign journalists and the closing down of independent newspapers.
‘These actions do not bode well for free and fair parliamentary elections
at the end of March. Unfettered media are essential for the free flow
of information, the exchange of ideas and for voters to formulate opinions
on which to base their ballot decision,’ the statement read.
In an article by Greg
Mills, the director of the South African Institute for International Affairs
in Johannesburg and Dianne Games, director of Africa@Work, the writers
argue that ‘the short-term future of Zimbabwe depends on whether the
March 31 poll is declared free and fair — not necessarily by the international
community, which does not seem to have the power to change events in Zimbabwe
much, but by African countries, many of which have provided a bulwark
against change there’. Whether South Africa is part of this bulwark
or not and whatever its intentions, the South African government’s comments
illustrate an ‘assessment (that) ignores the overall worsening of the
political and economic environment inside Zimbabwe. Any concessions Mugabe
has made have been overshadowed by the tightening of laws governing elections,
the role of civil society and the media.’ In this context of on-going
repression, fear and economic hardship, the question may well be asked:
What price quiet diplomacy?
This column is provided
by the International Bar Association. - An organisation that represents
the Law Societies and Bar Associations around the world, and works to
uphold the rule of law. For further information, visit the website www.ibanet.org
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